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(영문) 대법원 2019.06.13 2019도3165
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant C, the lower court convicted Defendant C of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged against Defendant C, the fact that the transaction details of the deposit account in the name of DO bank account in AD bank are attempted to commit occupational embezzlement and attempted occupational breach of trust.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of joint principal offenders and accessory offenders, intent of unlawful acquisition and intent in the crime of occupational embezzlement, and risk of actual loss of property in the crime of occupational breach of trust.

In addition, even if examining the records in light of the records, it cannot be said that the first instance court and the lower court violated the statutes and did not err and adversely affect the judgment.

2. As to Defendant E’s grounds of appeal, the lower court convicted Defendant E of all the charges on Defendant E, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on willful negligence in fraud.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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